S T A T E O F N E W Y O R K
________________________________________________________________________
5409
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
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Introduced by M. of A. TOWNS -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to deeming students who
engage in sexual conduct with an employee or volunteer of the school
such student attends as being incapable of consent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (h) of subdivision 3 of section 130.05 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended and
a new paragraph (i) is added to read as follows:
(h) a client or patient and the actor is a health care provider or
mental health care provider charged with rape in the third degree as
defined in section 130.25, criminal sexual act in the third degree as
defined in section 130.40, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third degree as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination[.]; OR
(I) A STUDENT ENROLLED IN AN ELEMENTARY OR SECONDARY SCHOOL IN THIS
STATE, REGARDLESS OF AGE, WHO IS ENGAGED IN SEXUAL CONDUCT AS DEFINED IN
SUBDIVISION TEN OF SECTION 130.00 WITH AN EMPLOYEE OR VOLUNTEER OF THE
SCHOOL ATTENDED BY SUCH STUDENT. FOR PURPOSES OF THIS PARAGRAPH,
"EMPLOYEE" MEANS ANY PERSON RECEIVING COMPENSATION TO PROVIDE SERVICES
TO SUCH SCHOOL, WHEREBY SUCH SERVICES PERFORMED BY SUCH PERSON INVOLVE
DIRECT STUDENT CONTACT. "VOLUNTEER" MEANS ANY PERSON, OTHER THAN AN
EMPLOYEE, WHO PROVIDES SERVICES TO SUCH SCHOOL, WHICH INVOLVES DIRECT
STUDENT CONTACT.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05880-01-1